End user agreement for WinZoom
END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This Clarity End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Clarity for the Clarity SOFTWARE, which includes the User's Guide, any associated SOFTWARE components, any media, any printed materials other than the User's Guide, and any "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
1. The SOFTWARE is licensed, not sold.
2. GRANT OF LICENSE. After you have purchased the license for SOFTWARE, you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the number of licenses purchased. This means that you may use this SOFTWARE on one single domain, on one single server for a one single website or one single IP address. Under no other circumstances may the SOFTWARE be operated at the same time on more than the number of computers for which you have paid a separate license fee. You may not duplicate the SOFTWARE in whole or in part, except that you may make one copy of the SOFTWARE for backup or archival purposes. You may terminate this license at any time by destroying the original and all copies of the SOFTWARE in whatever form. You may permanently transfer all of your rights under this EULA provided you transfer all copies of the SOFTWARE (including copies of all prior versions if the SOFTWARE is an upgrade) and retain none, and the recipient agrees to the terms of this EULA.
3. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
4. SUPPORT SERVICES. Clarity may provide you with support services related to the SOFTWARE. Use of Support Services is governed by the Clarity polices and programs described in the user manual, in online documentation, and/or other Clarity-provided materials, as they may be modified from time to time. Any supplemental SOFTWARE code provided to you shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Clarity, Clarity may use such information for its business purposes, including for product support and development. Clarity will not utilize such technical information in a form that personally identifies you.
5. TERMINATION. Without prejudice to any other rights, Clarity may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE.
6. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Clarity and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
7. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE to any country, person, entity, or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
8. NO WARRANTIES. Clarity expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL CLARITY OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF CLARITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, CLARITY'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer SOFTWARE clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer SOFTWARE-Restricted Rights at 48 CFR 52.227-19, as applicable.
11. MISCELLANEOUS. If you acquired the SOFTWARE in the United States, this EULA is governed by the laws of the state of California. If you acquired the SOFTWARE outside of the United States, then local laws may apply.
12. VERSION CHECKING: This software will perform version checking. This does not involve sending information from your computer to us, but does involve the software contacting our servers to pull a list of available updates.
13. SOFTWARE INSTALLATION: When the software is installed an installation ID will be sent to our servers. This installation ID will be used only to track installs compared to downloads and will not be personally identifiable.
14. PRODUCT INSTALLATION: The installation process may send information about your computer to our servers. This is used to determined performance of our product and may also be used for statistical purposes. This information is not personally identifiable.
Should you have any questions concerning this EULA, or if you desire to contact Clarity for any reason, please contact Clarity by mail at: 6776 Preston Ave, Suite B, Livermore, CA 94551.